Full question:
How likely is it that NV state courts will rule in the favor of a mother for primary or sole custody, when the father has committed an act of domestic violence against the mother, has a history of arrest, and is on medication?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Nevada
Answer:
In Nevada, the law on custody determinations states:
In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.
In determining the best interest of the child, the court shall consider, among other things:
(a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to custody;
(b) Any nomination by a parent or a guardian for the child; and
(c) Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.
A finding of domestic violence creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child.
-From the Nevada Revised Statutes 125.480
WIth regard to joint custody, there is a presumption that joint custody would be in the best interest of a minor child if the parents agree to an award of joint custody.
The court may award joint legal custody, without awarding joint physical custody, if the parents have agreed to joint legal custody.
-From the Nevada Revised Statutes 125.490
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
